(A) If any person cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle when physical injury to or death of the animal may result from cold, heat, or lack of food or water, or rides an animal when it is physically unfit, or baits or harasses any animal for the purpose of making it perform for a person’s amusement, or cruelly chains, tethers, or restrains any animal or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail not more than 30 days, or both.
(1) As used in this section, CRUELLY CHAINING, TETHERING, OR RESTRAINING entails leaving an animal outdoors in the following circumstances:
(a) If a heat or cold advisory has been issued by local or state authorities or the National Weather Service;
(b) If a severe weather warning has been issued by local or state authorities or the National Weather Service;
(c) If the owner or occupant of the residence is not present at the premises for an unreasonable amount of time under the circumstances;
(d) If the animal is not provided with its needs as identified above in this division (A) pertaining to withholding of proper sustenance, including food, water, shelter, or medical care necessary to sustain normal health and fitness.
(2) As used in this section, CHAIN(S), TETHER(S), OR RESTRAINT(S) means a rope, chain, cord, dog run or pulley, underground wire or wireless fence in collaboration with a shock collar or similar restraint for holding an animal in place or allowing a limited radius in which it can move about.
(B) If any person intentionally tortures, or mutilates or maliciously kills an animal, or causes, procures or authorizes any other person to torture, mutilate or maliciously kill an animal, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail not more than 30 days, or both. For the purposes of this section, TORTURE means an action taken for the primary purpose of inflicting pain.
(C) Any person, other than a licensed veterinarian or a person acting under the direction or with the approval of a licensed veterinarian, who knowingly and willfully administers or causes to be administered to any animal participating in any contest any controlled substance or any other drug for the purpose of altering or otherwise affecting said animal’s performance is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail not more than 30 days, or both.
(D) Any person convicted of a violation of division (C) shall forfeit his or her interest in any animal and all interest in the animal shall vest in the humane society or county pound of the county in which the conviction was rendered and the person shall, in addition to any fine imposed, be liable for any costs incurred or to be incurred by the humane society or county pound as a result.
(E) For the purpose of this section, CONTROLLED SUBSTANCE has the same meaning ascribed to it by W.V. Code § 60A-1-101(d).
(F) Any person convicted of a violation of any division of this section other than for division (C), for which forfeiture of the animal is mandatory, may, upon a finding of the court that the animal is likely to suffer further harm if it continues to be owned or possessed by the defendant, forfeit his or her interest in any animal and all interest in the animal shall vest in the humane society or county pound of the county in which the conviction was rendered and the person shall, in addition to any fine imposed, be liable for any costs incurred or to be incurred by the humane society or county pound as a result.
(G) The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management, nor to humane use of animals or activities regulated under and in conformity with the provisions of 7 U.S.C. § 2131 et seq., and the regulations promulgated thereunder, as both statutes and regulations are in effect on the effective date of this section.
(H) (1) Notwithstanding any provision of this section to the contrary, no person who has been convicted of a violation of the provisions of divisions (A) or (B) of this section may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed the evaluation. Unless the defendant is determined by the court to be indigent, he or she shall be responsible for the cost of said evaluation.
(2) For any person convicted of a violation of divisions (A) or (B) of this section the court may, in addition to the penalties provided herein, impose a requirement that he or she complete a program of anger management intervention for perpetrators of animal cruelty. Unless the defendant is determined by the court to be indigent, he or she shall be responsible for the cost of the program.
(I) In addition to any other penalty which can be imposed for a violation of this section, a court shall prohibit any person so convicted from possessing, owning or residing with any animal or type of animal for a period of five years following entry of a conviction. Any person who violates this section by owning or keeping an animal within five years of their conviction hereunder shall be committing a misdemeanor, shall be fined not more than $500 or confined in jail not more than 30 days, or both, and shall forfeit the animal.
('71 Code, § 505.11) (Am. Ord. 1458, passed 11-7-05; Am. Ord. 2183, passed 2-14-22) Penalty, see § 505.99
Statutory reference:
For similar provisions, see W. V. Code § 61-8-19